A-29 - Health Insurance Act

Section 69 Disposition versions

2021-11-15

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)  prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine in which cases and on which conditions assisted procreation services must be considered insured services for the purposes of subparagraph e of the first paragraph of section 3, in particular by specifying the age at which insured persons may receive those services;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(e.3)  determine the cases in which the Board assumes the cost of a medication or a supply and the related wholesaler’s profit margin for the purposes of the fourth paragraph of section 3;

(e.4)  determine the services and medications the cost of which is assumed by the Board for the purposes of the second paragraph of section 10;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to in that section, the cases or conditions in which an unemancipated minor who is not already domiciled in Québec under article 80 of the Civil Code is considered domiciled in Québec, the time at which and the conditions subject to which a person becomes a resident of Québec as well as the time at which and the conditions subject to which the person ceases to be one, and determine any class of persons referred to in subparagraph 5 of the first paragraph;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.01)  determine in which cases or on which conditions and for which length of time a temporary certificate of registration may be issued;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the cases in which and the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193; 2015, c. 25, s. 16; 2016, c. 28, s. 31; 2020, c. 4, s. 8; 2021, c. 23, s. 5; 2021, c. 2, s. 20.

2021-09-22

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)  prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine the fertility preservation services that must be considered insured services for the purposes of subparagraph f of the first paragraph of section 3 and, if applicable, in which cases and on which conditions they must be considered as such;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(e.3)  determine the cases in which the Board assumes the cost of a medication or a supply and the related wholesaler’s profit margin for the purposes of the fourth paragraph of section 3;

(e.4)  determine the services and medications the cost of which is assumed by the Board for the purposes of the second paragraph of section 10;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to in that section, the cases or conditions in which an unemancipated minor who is not already domiciled in Québec under article 80 of the Civil Code is considered domiciled in Québec, the time at which and the conditions subject to which a person becomes a resident of Québec as well as the time at which and the conditions subject to which the person ceases to be one, and determine any class of persons referred to in subparagraph 5 of the first paragraph;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.01)  determine in which cases or on which conditions and for which length of time a temporary certificate of registration may be issued;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the cases in which and the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193; 2015, c. 25, s. 16; 2016, c. 28, s. 31; 2020, c. 4, s. 8; 2021, c. 23, s. 5.

2020-03-17

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)  prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine the fertility preservation services that must be considered insured services for the purposes of subparagraph f of the first paragraph of section 3 and, if applicable, in which cases and on which conditions they must be considered as such;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(e.3)  determine the cases in which the Board assumes the cost of a medication or a supply and the related wholesaler’s profit margin for the purposes of the fourth paragraph of section 3;

(e.4)  determine the services and medications the cost of which is assumed by the Board for the purposes of the second paragraph of section 10;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates and the conditions to be met by the applicant at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193; 2015, c. 25, s. 16; 2016, c. 28, s. 31; 2020, c. 4, s. 8.

2017-12-07

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)  prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine the fertility preservation services that must be considered insured services for the purposes of subparagraph f of the first paragraph of section 3 and, if applicable, in which cases and on which conditions they must be considered as such;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates and the conditions to be met by the applicant at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193; 2015, c. 25, s. 16; 2016, c. 28, s. 31.

2015-11-10

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)  prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine the fertility preservation services that must be considered insured services for the purposes of subparagraph f of the first paragraph of section 3 and, if applicable, in which cases and on which conditions they must be considered as such;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193; 2015, c. 25, s. 16.

2015-06-20

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine in which cases and on which conditions, such as age, assisted procreation services must be considered as insured services for the purposes of subparagraph e of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(e.2)  determine, among the services provided by pharmacists that are to be considered insured services for the purposes of the third and fourth paragraphs of section 3, those that must relate to a medication on the list of medications drawn up by the Minister under section 60 of the Act respecting prescription drug insurance (chapter A-29.01);

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance, the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48; 2015, c. 8, s. 193.

2010-08-05

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(c.2)  determine in which cases and on which conditions, such as age, assisted procreation services must be considered as insured services for the purposes of subparagraph e of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A‐29.01), the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29; 2009, c. 30, s. 48.

2007-11-22

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister or by a person the Minister authorizes in writing for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A‐29.01), the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister or the person the Minister authorizes in writing must publish on the website of the Ministère de la Santé et des Services sociaux a list of the places designated for the purposes of subparagraph b.3 of the first paragraph and every update of the list. The list and any updates of it come into force on the date the places are designated.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22; 2007, c. 21, s. 29.

2003-07-01

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A‐29.01), the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  ddetermine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  (subparagraph repealed);

(x)  (subparagraph repealed).

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42; 2002, c. 66, s. 22.

2000-03-01

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all insured persons or those insured persons it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for insured persons determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for insured persons determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of insured persons contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A‐29.01), the amount or the mode of fixing the fees which may be required from insured persons by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of insured persons who may receive such services or some of them;

(h)  determine the physical deficiencies, the services and the sets or subsets of devices that compensate for a physical deficiency that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost that may be assumed by the Board on behalf of an insured person with a physical deficiency and the cases and conditions in and on which the Board assumes the cost of those insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such property may or must be recovered;

(h.1)  determine the visual deficiencies, the services and the sets or subsets of visual aids that must be considered to be insured services for the purposes of the sixth paragraph of section 3, fix the age of the insured persons referred to therein and determine classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a visual deficiency and the cases and conditions in and on which the Board reimburses the cost of the insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such visual aids may or must be recovered;

(h.2)  determine the hearing deficiencies, the services and the sets or subsets of hearing aids that must be considered to be insured services for the purposes of the seventh paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost that the Board may assume on behalf of an insured person with a hearing deficiency, determine the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, prescribe the terms and conditions for claims and payments, and prescribe the cases and conditions in and on which such hearing aids may or must be recovered;

(h.2.1)  determine the communication‐related physical deficiencies, the services and the sets or subsets of communication devices that must be considered to be insured services for the purposes of the eighth paragraph of section 3, fix the age of the insured persons referred to therein and determine the classes of insured persons, determine the cost reimbursed by the Board to an institution recognized by the Minister in respect of an insured person with a communication‐related physical deficiency and the cases and conditions in and on which the Board assumes the cost of such insured services and in and on which the services are furnished, and prescribe the cases and conditions in and on which such communication devices may or must be recovered;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a determined cost may be claimed from the Board by the insured person, the categories of services the cost of which may be so claimed, and fix the maximum cost that may be exacted from the insured person by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  ddetermine, for the purposes of section 5, the conditions to be met by a person referred to therein and the time at which and the conditions subject to which a person becomes a resident of Québec and the time at which and the conditions subject to which a person ceases to be a resident of Québec, and determine the classes of persons referred to in paragraph 5;

(j.1)  determine the cases and conditions in and subject to which and the time at which a person referred to in section 5.01 becomes a temporary resident of Québec;

(j.2)  determine the cases and conditions in and subject to which a person who is a resident of Québec retains the status of resident despite being absent from Québec and determine the period during which the status of resident may be retained;

(j.2.1)  determine the time at which a person loses the status of temporary resident of Québec and the conditions applicable to a loss of status;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of insured persons it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to an insured person;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to an insured person a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to an insured person who did not present his health insurance card;

Not in force

(t.1)  determine the manner in which an insured person is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board or by the institution to which Part IV.2 of the Act respecting health services and social services (chapter S-4.2) applies to participate in an agreement referred to in section 360 of the Act respecting health services and social services for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29; 1999, c. 89, s. 37, s. 42.

1999-10-22

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be considered insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for beneficiaries determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be considered insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A‐29.01), the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are considered insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)  determine the services and the prostheses, orthopedic devices, locomotor or posture assists, medical supplies or other equipment that compensate for a physical deficiency indicated therein and that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age at which beneficiaries may be entitled thereto and the classes of such beneficiaries, determine the amount that may be assumed on behalf of a beneficiary indicated therein, the cases, circumstances and conditions in and on which the Board assumes the amount of those insured services and the cases, circumstances and conditions in and on which such services are furnished, and prescribe the cases, circumstances and conditions in and on which such property may be recovered;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such visual aids may be recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board assumes the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such hearing aids may be recovered, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

Not in force

(h.2.1)  define what constitutes a person with a communication‐related physical deficiency, determine the communication devices to be considered as insured services for the purposes of the eighth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which they are furnished, prescribe the cases, circumstances and conditions in and on which such communication devices may be recovered, fix the age of the persons with a communication‐related physical deficiency who may be entitled thereto and determine the classes of such beneficiaries;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board or by the institution to which Part IV.2 of the Act respecting health services and social services (chapter S-4.2) applies to participate in an agreement referred to in section 360 of the Act respecting health services and social services for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182; 1999, c. 40, s. 29.

1998-06-20

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for beneficiaries determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A-29.01), the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)  determine the services and the prostheses, orthopedic devices, locomotor or posture assists, medical supplies or other equipment that compensate for a physical deficiency indicated therein and that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age at which beneficiaries may be entitled thereto and the classes of such beneficiaries, determine the amount that may be assumed on behalf of a beneficiary indicated therein, the cases, circumstances and conditions in and on which the Board assumes the amount of those insured services and the cases, circumstances and conditions in and on which such services are furnished, and prescribe the cases, circumstances and conditions in and on which such property may be recovered;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such visual aids may be recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board assumes the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such hearing aids may be recovered, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

Not in force

(h.2.1)  define what constitutes a person with a communication-related physical deficiency, determine the communication devices to be considered as insured services for the purposes of the eighth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which they are furnished, prescribe the cases, circumstances and conditions in and on which such communication devices may be recovered, fix the age of the persons with a communication-related physical deficiency who may be entitled thereto and determine the classes of such beneficiaries;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board or by the institution to which Part IV.2 of the Act respecting health services and social services (chapter S-4.2) applies to participate in an agreement referred to in section 360 of the Act respecting health services and social services for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101; 1998, c. 39, s. 182.

1996-08-01

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for beneficiaries determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 60 of the Act respecting prescription drug insurance (chapter A-29.01), the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)  determine the services and the prostheses, orthopedic devices, locomotor or posture assists, medical supplies or other equipment that compensate for a physical deficiency indicated therein and that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age at which beneficiaries may be entitled thereto and the classes of such beneficiaries, determine the amount that may be assumed on behalf of a beneficiary indicated therein, the cases, circumstances and conditions in and on which the Board assumes the amount of those insured services and the cases, circumstances and conditions in and on which such services are furnished, and prescribe the cases, circumstances and conditions in and on which such property may be recovered;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such visual aids may be recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board assumes the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such hearing aids may be recovered, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

Not in force

(h.2.1)  define what constitutes a person with a communication-related physical deficiency, determine the communication devices to be considered as insured services for the purposes of the eighth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which they are furnished, prescribe the cases, circumstances and conditions in and on which such communication devices may be recovered, fix the age of the persons with a communication-related physical deficiency who may be entitled thereto and determine the classes of such beneficiaries;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  (subparagraph repealed);

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  (subparagraph repealed);

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i or i.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15; 1996, c. 32, s. 101.

1994-05-26

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71 or 71.1;

(b.3)  determine, for mammography services used for detection purposes, which services are not to be considered insured services for beneficiaries determined under such regulation, according to their age and in the places of practice designated by the Minister for the dispensing of such services, and prescribe the intervals at which such services must be rendered in order to remain insured services. The intervals may vary according to the cases, conditions and circumstances indicated therein;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)  determine the services and the prostheses, orthopedic devices, locomotor or posture assists, medical supplies or other equipment that compensate for a physical deficiency indicated therein and that must be considered to be insured services for the purposes of the fifth paragraph of section 3, fix the age at which beneficiaries may be entitled thereto and the classes of such beneficiaries, determine the amount that may be assumed on behalf of a beneficiary indicated therein, the cases, circumstances and conditions in and on which the Board assumes the amount of those insured services and the cases, circumstances and conditions in and on which such services are furnished, and prescribe the cases, circumstances and conditions in and on which such property may be recovered;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such visual aids may be recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board assumes the cost of those insured services and the cases, circumstances and conditions in and on which such services are furnished, prescribe the cases, circumstances and conditions in and on which such hearing aids may be recovered, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

Not in force

(h.2.1)  define what constitutes a person with a communication-related physical deficiency, determine the communication devices to be considered as insured services for the purposes of the eighth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, determine the cases, circumstances and conditions in and on which the Board reimburses the cost of those insured services and the cases, circumstances and conditions in and on which they are furnished, prescribe the cases, circumstances and conditions in and on which such communication devices may be recovered, fix the age of the persons with a communication-related physical deficiency who may be entitled thereto and determine the classes of such beneficiaries;

(h.3)  determine what persons, outside Québec and, for each territory defined therein, in Québec other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  determine the amount of the contribution payable by a beneficiary under section 14.3 and the number of prescriptions and repeat prescriptions referred to in paragraph a of section 14.4;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish, in the Gazette officielle du Québec, a list of the places he designates for the purposes of subparagraph b.3 of the first paragraph and every update of the list; the list and updates come into force on the date they are published or on any later date fixed therein.

Every regulation made pursuant to subparagraphs b to e, g, i, i.1 or u of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375; 1994, c. 8, s. 15.

1992-10-01

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71.1;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an institution or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  determine the amount of the contribution payable by a beneficiary under section 14.3 and the number of prescriptions and repeat prescriptions referred to in paragraph a of section 14.4;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

In force: 1993-09-01

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

In force: 1993-09-01

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of 30 days following such publication.

Every regulation made pursuant to subparagraphs b to e, g, i, i.1 or u of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581; 1992, c. 21, s. 375.

1992-09-30

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71.1;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the conditions to be met by a person who registers with the Board, the information and documents he must provide, the time of year of registration, and in what cases, conditions and circumstances and by what methods a person must register with the Board and the cases in which an application for registration may be made by one person on behalf of another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  determine the amount of the contribution payable by a beneficiary under section 14.3 and the number of prescriptions and repeat prescriptions referred to in paragraph a of section 14.4;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances and services for which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

In force: 1993-09-01

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

In force: 1993-09-01

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of 30 days following such publication.

Every regulation made pursuant to subparagraphs b to e, g, i, i.1 or u of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112; 1991, c. 42, s. 581.

1992-06-23

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(b.2)  determine which services provided by physicians for problems related to colour blindness or refraction must not be considered insured services for beneficiaries determined under such regulations according to their age or according as to whether or not they hold a valid claim booklet issued pursuant to section 71.1;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

Not in force

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive such services or some of them;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(i.1)  determine the activities or administrative tasks carried out by a health professional which shall be considered to be insured services for the purposes of the eleventh paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(l.1)  prescribe standards relating to the photograph which a person must supply when registering with the Board or when applying for a renewal of registration or the replacement of a health-insurance card or eligibility card;

(l.2)  determine the terms and conditions according to which an application for registration, for renewal of registration or for the replacement of a health-insurance card or eligibility card must be authenticated, the categories of persons, the government departments, the public bodies and the institutions which, in addition to the Board, are authorized to authenticate such applications according to the categories of beneficiaries it indicates, the documents that must be presented by the applicant, and the conditions the applicant must fulfil at the time his application is authenticated;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.2)  determine the amount of the contribution payable by a beneficiary under section 14.3 and the number of prescriptions and repeat prescriptions referred to in paragraph a of section 14.4;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

Not in force

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

Not in force

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of 30 days following such publication.

Every regulation made pursuant to subparagraphs b to e, g, i, i.1 or u of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581; 1992, c. 19, s. 7; 1992, c. 21, s. 112.

1991-09-04

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

Not in force

(e.1)  determine which services rendered by pharmacists must be considered insured services for the purposes of the third and fourth paragraphs of section 3 and prescribe the intervals at which certain of those services must be rendered to remain insured services. The intervals may vary according to the cases, conditions and circumstances it indicates;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

Not in force

(t.1)  determine the manner in which a beneficiary is informed of the cost of an insured service provided by a health professional;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services;

Not in force

(w)  provide for a different remuneration for physicians practising in a territory or place of practice coming under a regulation made pursuant to the third paragraph of section 19 or for physicians in the first years of practising their profession or specialty under the plan, according to the territory where they practise or the type of activities they carry on;

Not in force

(x)  provide for different remuneration for physicians according to whether or not they are authorized by a regional board to participate in an agreement referred to in section 360 of the Act respecting health services and social services (chapter S-4.2) for all or part of their activities in that region, determine the terms and conditions of participation in such an agreement and the number of years during which the different remuneration will apply and the rules of equivalence allowing a physician having held a licence to practise for less than ten years to be released from participating in a particular medical activity, especially by reason of his heavy workload or the number of years spent in practice in a territory or place of practice determined by the regulation.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of 30 days following such publication.

Every regulation made pursuant to subparagraphs b to e, g, i or u of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation.

However, a regulation made pursuant to subparagraph b.1 of the first paragraph shall have effect, even with regard to health professionals bound by a valid agreement and notwithstanding any stipulation of such an agreement, on the date or dates fixed in the regulation, with the exception of a regulation having the effect of determining which services are not considered to be insured services in cases, conditions or circumstances which take into account the place of practice where they are dispensed.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5; 1991, c. 42, s. 581.

1990-12-14

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a bursary;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37; 1990, c. 56, s. 5.

1989-06-22

69. The Government may, after consultation with the Board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus, wheel chairs or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  determine the time from which persons or categories of persons become residents of Québec and the cases, conditions or circumstances in which they cease to be residents of Québec;

(j.1)  determine the cases, conditions and circumstances in which a person who is not a resident of Québec is deemed to be a resident of Québec;

(j.2)  determine the cases, conditions and circumstances in which a person who is a resident of Québec retains his status as a resident of Québec despite his absence;

(j.3)  determine the period of extension of eligibility for persons who are resident of Québec who settle in another Canadian province;

(k)  (subparagraph repealed);

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  determine the conditions upon which health-insurance cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(m.1)  determine the conditions upon which eligibility cards may be renewed or replaced, and the cases in which they must be returned to the Board, and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board;

(v)  determine the cases in which and the conditions on which the Board may reimburse or assume payment of an amount effectively claimed for insured medical services.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1; 1989, c. 50, s. 37.

1986-12-19

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph or in the second paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this Act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4; 1986, c. 99, s. 1.

1986-12-10

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this Act, make regulations to:

(a)  prescribe anything that may be prescribed under this Act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(c.1)  determine which family planning services are to be considered insured services for the purposes of subparagraph d of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this Act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this Act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3; 1986, c. 79, s. 4.

1985-06-20

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this act, make regulations to:

(a)  prescribe anything that may be prescribed under this act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3 and fix the age of beneficiaries who may receive insured services required by orthoptics;

(h)   determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24; 1985, c. 23, s. 3.

1982-03-24

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this act, make regulations to:

(a)  prescribe anything that may be prescribed under this act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3;

(h)   determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to all beneficiaries or those beneficiaries it indicates for the purchase, fitting, replacement and repair of such equipment and prescribe cases, conditions or circumstances in which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this act;

(q)   determine the cases, conditions or circumstances in which the Board must send to a beneficiary a statement of insured services that it has paid for him, and how often it must send it;

(r)  (subparagraph replaced);

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)   determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board.

The Minister shall publish the draft regulations contemplated in subparagraph b or b.1 of the first paragraph in the Gazette officielle du Québec with a notice that they will be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24.

1981-12-19

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this act, make regulations to:

(a)  prescribe anything that may be prescribed under this act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

In force: 1982-03-24

(b.1)   prescribe the cases, conditions or circumstances in which the services contemplated in section 3 are not considered insured services for all beneficiaries or those beneficiaries it indicates;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  prescribe, beyond the amount whose payment is assumed by the Board in conformity with section 4, the amount or the mode of fixing the fees which may be required from beneficiaries by a pharmacist, the terms and conditions under which they are to be collected and the cases of total or partial exemption, with or without conditions;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3;

(h)  determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to a beneficiary for the purchase, fitting, replacement and repair thereof and prescribe the conditions on which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this act;

(q)  fix the delays within which the statement contemplated in section 64 must be sent;

(r)  determine the cases or circumstances in which the delay of prescription contemplated in section 38 is not to be applied and fix delays applicable in such cases or circumstances;

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

(t)  determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card;

(u)  determine the conditions required for the cost of medications to be assumed by the Board.

The Minister shall cause to be published in the Gazette officielle du Québec the draft regulations contemplated in paragraph b of the first paragraph, together with a notice that they shall be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44; 1981, c. 22, s. 24.

1979-04-04

69. The Government may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this act, make regulations to:

(a)  prescribe anything that may be prescribed under this act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be considered insured services for the purposes of the second paragraph of section 3 in respect of each class of beneficiaries contemplated therein;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  provide for the deterrent fees to be paid by every person for whom the Board assumes the cost of medications under section 3, the amount of such fees and the terms and conditions under which they are to be collected;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3;

(h)  determine which prostheses, orthopedic devices, apparatus or other equipment are deemed insured services for the purposes of the fifth paragraph of section 3, fix the amount that may be reimbursed to a beneficiary for the purchase, fitting, replacement and repair thereof and prescribe the conditions on which they may be furnished, fitted, replaced or repaired;

(h.1)  give a definition of “visually handicapped person” and determine the visual aids which are to be considered insured services for the purposes of the sixth paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced, repaired or recovered, fix the age of the visually handicapped persons who may benefit thereby and determine classes of such persons;

(h.2)  give a definition of “person with a hearing handicap”, determine the hearing aids which are to be considered insured services for the purposes of the seventh paragraph of section 3, fix the cost of purchase, fitting, replacement or repair thereof, prescribe the conditions on which they may be furnished, fitted, replaced or repaired, prescribe the terms and conditions regarding claims and payments, fix the age of the persons with a hearing handicap who may benefit thereby and determine classes of such persons;

(h.3)  determine what persons, other than an establishment or laboratory, may furnish certain categories of insured services contemplated in the fifth paragraph of section 3 for which a fixed cost may be exacted from the Board by the beneficiary, the classes of services the cost of which may be so exacted and fix the maximum price that may be exacted from the beneficiary by such persons;

(i)  determine what constitutes a hospital centre outside Québec, or a university establishment, for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuance of health-insurance cards certifying that a person who is a resident of Québec is registered with the Board, determine the conditions upon which such cards may be renewed or replaced, the cases in which they must be returned to the Board and fix the expiration date thereof;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a beneficiary;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this act;

(q)  fix the delays within which the statement contemplated in section 64 must be sent;

(r)  determine the cases or circumstances in which the delay of prescription contemplated in section 38 is not to be applied and fix delays applicable in such cases or circumstances;

(s)  prescribe the tenor of the engagement that must be fulfilled by a professional receiving an incentive premium and determine the number and the amount of incentive premiums and the composition and mode of operation of a jury contemplated in section 77.4;

In force: 1979-11-01

(t)  determine the cases or circumstances where a professional in the field of health who is subject to the application of an agreement is entitled to be remunerated by the Board for insured services he has furnished in person to a beneficiary who did not present his health-insurance card.

The Minister shall cause to be published in the Gazette officielle du Québec the draft regulations contemplated in paragraph b of the first paragraph, together with a notice that they shall be considered by the Government at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15; 1979, c. 1, s. 44.

1977-12-31

69. The Gouvernement may, after consultation with the board or upon its recommendation, in addition to the regulatory powers conferred upon it by this act, make regulations to:

(a)  prescribe anything that may be prescribed under this act;

(b)  determine among the services contemplated in section 3 those which are not to be deemed insured services, and how often some of those contemplated in subparagraph c of the first paragraph of section 3 may be rendered in order to remain insured services;

(c)  determine which services of oral surgery are to be deemed insured services for the purposes of subparagraph b of the first paragraph of section 3;

(d)  determine which services rendered by dentists are to be deemed insured services for the purposes of the second paragraph of section 3;

(e)  fix the age at which a person is entitled to insured services under the second paragraph of section 3;

(f)  provide for the deterrent fees to be paid by every person for whom the Board assumes the cost of medications under section 3, the amount of such fees and the terms and conditions under which they are to be collected;

(g)  determine which services rendered by optometrists are deemed insured services for the purposes of subparagraph c of the first paragraph of section 3;

(h)  determine which prostheses and orthopedic or other devices are deemed insured services for the purposes of the fourth paragraph of section 3, fix the cost of purchase, fitting, replacement and repair thereof and prescribe the conditions on which they may be furnished;

(i)  determine what constitutes a hospital outside Québec or a university establishment for the purposes of subparagraph b of the first paragraph of section 3;

(j)  subject to this act, specify in what cases a person makes his home in Québec and is ordinarily present there;

(k)  subject to section 7, determine the period during which a person may receive insured services after leaving Québec to settle in a province of Canada where a similar plan is not in force;

(l)  determine the terms and conditions under which a person must register with the Board and the cases in which an application for registration may be made by one person for another;

(m)  provide for the issuing of cards certifying that residents of Québec are registered, determine the conditions upon which such cards may be used, the cases in which they must be used, those in which they must be returned to the Board and those in which they may be replaced;

(n)  establish standards to determine the emergency cases in which the Board shall pay the remuneration provided for in an agreement, to a professional who has withdrawn or a non-participating professional, for insured services which he renders to a resident of Québec;

(o)  determine the number and categories of scholarships or research scholarships, the amount and the mode of payment of the scholarships and the terms and conditions on which a territory is assigned to any recipient of a scholarship;

(p)  prescribe the terms of the engagement to be fulfilled by any scholar in addition to the conditions provided by this act;

Not in force

(q)  fix certain delays within which or times at which the statement contemplated in section 64 must be sent and the circumstances in which the said section or certain provisions of it must not be applied.

The Minister of Social Affairs shall cause to be published in the Gazette officielle du Québec the draft regulations contemplated in paragraph b, together with a notice that they shall be considered by the Gouvernement at the expiry of thirty days following such publication.

1970, c. 37, s. 56; 1970, c. 38, s. 19; 1970, c. 42, s. 17; 1971, c. 47, s. 15; 1973, c. 30, s. 13; 1973, c. 49, s. 45; 1974, c. 40, s. 15.